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CC 08-19-68 CITY OF CUPERTINO, State of California 10300 Torre Avenue, Cupertino, California 95014 Phone: 252-4505 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AUGUSt L9, 1968 IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO, CALIFORNIA The meeting was called to order at 8:07 p,m, by Mayor Noel, who subsequently led the assemblage in the flag salute, Councilmen present: Beaven, Fitzgerald, Stokes, Noel, Absent: Councilman Dempster. Also present: City Manager Storm: City Clerk- F.inance Director Ryder; Director of Public Works Pinney. City Engineer Boyd; Senior Planner Laurin; Chief Building Inspector Benevich; Director of Parks and Recreation Parham; Recording Secretary Lucie Mo Matzley. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously to approve the minutes of the adjourned regular meeting of August 5, 1968. C~uncilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously to approve the minutes of the regular meeting of August 5, 1968 as printed. City Clerk Ryder advised the Councilmen of the following written communications: 1. Letter from Mrs. Clifford Drake and three other citizens, protesting the issuance of a cardroom license; Advice from the President of the Tri-County PlalUling Committee, stating that this organization had been offici- ally disbanded and returning $32.91 to the City of Cupertino as its pro-rata contribution share; Letter from Attorney David Termohlen, appealing Planning Commission's denial of Application l7-Z-68¡ Request for a permit to install and operate coin-operated amusement machines together with a check for $29000 to cover the cost of business license and fees; Certified copy of application to the Public Utilities Commission by Peerless Stages for sale of equipment on the San Jose routes to the Lincoln Bus lines. 2, 3. 4. 5. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously to schedule the public hearing for the appeal of Application 17-Z-68 for the next regular meeting, On the matter of the coin-operated amusement machines, Councilman Stokes recalled a previous request. He was advised by the Chief Building Ins~ector that the operation of these five pin-ball machines had been adjudged legal and for amusement purposes only by the Santa Clara County Sheriff's Department, CC- 23 call to N;der flag sah'Le roll can minutes approved minutes approved written communications po n" scheduled information page 2 license approved with condition correspond- ence filed no orals sympathy expressed planning present- ation lO-TM-68 approved 18- ~ 68 approved 7- v- 68 approved 8- V- 68 approved h control present- ation 337-HC-68 approved Minutes of the City Council August 19, 1968 CC- 23 Written Communications cont'd Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously to issue the business license to the applicant with the condition that the machines are to have a sign affixed conspicuously to the effect that '~nors are not allowed to operate these machines". Councilman Stokes moved, Council.an Beaven seconded and it was passed unanimously that the balance of the communications be filed, There were no oral communications, nor were there any comments from the audience. Mayor Noel, in explaining the reason for City Attorney Anderson's absence at this meeting to the audience, asked that the record show the City Council's expression of sincere sorrow and sympathy, Report of Commissions A. Planning Commission In the absence of Planning Commission Chairman Frolich, Senior Planner Laurin stood ready to answer questions relative to the action taken at the August 12, 1968 meeting of the Planning Commission, the minutes for which he presented. Mr, Laurin commented briefly on each application. Councilman Stokes moved, Councilman Beaven seconded and it was passed unanimously to approve Application lO-TM-68, Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously that Application 18-~68 be approved, Councilman Stokes moved, Councilman Fitzgerald seoonded passed unanimously to approve Application 7-V-68 and to Resolution 1681, and it was adopt and it was adopt Councilman Stokes moved, Councilman Fitzgerald seconded passed unanimously to approve Application 8-V-68 and to Resolution 1682. B. Architectural and Site Control Committee H Control Chairman Small presented the minutes of August 14, ¡968 and, when asked, commented briefly on the applications and the action taken relative to each one. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously to approve Application 337-HC=68. Minutes of the City Council August 19, 1968 Councilman Beaven moved, Councilman Stokes seconded and it was :', passed unanimously to approve Application 308-HC-68. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously to approve Application 361-HC-68 with the conditions set forth by H Control with the provision that, at such time as a Homeowners' Association should agree to maintain a sign of a more permanent nature, the request be submitted to this Council for approval. Councilman Beaven moved, Councilman Stokes seconded and it was passed unanimously to approve Application 362-HC-68. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously to approve Application 363-HC-68. Mr. Allen Hulme, the representative for Mobil Oil Corporation, sub- mitted the renderings for Application 365-HC=68, and explained the location, physical lay-out and set-back of the proposed project indicating that, pursuant to H Control's request, concrete shakes would be used for the roofing. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously to approve Application 365-HC-68.with all condi- tions set forth by H Control. C. Parks and Recreation Commission Commissioner Seiverson presented the minutes of the August 14, 1968 meeting and explained the action taken during that meeting. Mrs. Seiverson stated that the Commission had recommendedJ certain changes in the interior design of the multi-purpose park buildiDS" The Councilmen pointed out that approval for the project had been given and that no additional costs could be agreed upon because of an already excessively tight budget. The Commissioners should wait until their August 28, 1968 meeting with the architect to discuss the interior details. Councilman Stokes, in conjunction with his fellow Councilmen, stated that he would not be too receptive to any change which would necessitate additional funds. , Public Hearill l;s A. Appeal by Raymond F. Dreyer, representing the Humble Oil and Refining Company, from the denial of Application 16-Z-68: Rezoning approximately 1.0 acres located at the northwest corner of Stevens Creèk Boulevard and Stelling Road irom a Residential single-family (IU-IOag) zone to General Commercial (CG) zone. B. Appeal by Raymond F. Dreyer, (see above) from the denial of Application 14-U-68: Use Permit to operate a gas station at the above location. CC- 23 page 3 308- HC- 68 approved 361-1IC- 68 approved with condition 362- HC- 68 approved 363-HC-68 approved present- ation 365- HC- 68 approved parks present- ation and discussion pub 1. hearings 16-Z-68 legend 14- U- 68 legend pug.. 4 matters combined preuent- ati,," by 1egal:re- pJ:esqntative aueU.e"c" c_n~ p.h" dosed c_111ll"1I sellt.,. his opinion HØÞc:i].¡un e>_Ats Minutes or the City Council August 19, 1968 CC- 23 Public Hearings cont'd Councilman Stokes moved, Council~an Fitzgerald seconded and it was passed unanimously that Applications listed as Items A. and B. ön the agenda be heard at the same time. Attorney Dreyer made the presentation of both applications with the aid of plot plans and architectural renderings, stating that this proposed project would be located at the northwest corner of Stelling Road and Stevens Creek Boulevard. He cited the basic objection as expreBBed by the Planning Commission to "strip commercial" aoning and said that all along Stevens Creek Boulevard into the City of San Jose there was nothing but commercial aoning in existence and that this corner would not encoµrage "strip commercial". Further, that his clients would not agree to an expenditure of some $130,000 if they did noe think that this service station was needed Dr would have adequate use. He asked that the Council consider the application reali8tically, and not arbitrarily dismi.. its approval. There was an audience comment from Mrs. Anne Unger who stated that Cupertino has more than a sufficient number of service stations and that, in her opinion, another one was certainly not needed. Councilman Stokes movad, Councilman ritaserald seconded and it we. pa.sed unanimou.ly to clole the public hearing. Counçilman Beaven .tated that this Council had been e.ked to approve a number of .ervice .tations in the pa.t and that .ome people rea.on that a corner lot has but one use: a service .tation. He .tated that, in hi. opinion, there were several arsuments again.t approval of yet another .ervice .tation; itemizing 1) that there is no need for another service .tation et this location; 2) there ere more than twenty .tations within a threeMmile rediu. of the propo.ed station; and 3) the property dev.lo~nt adjacent to the De An.a Collese should be of compatible dsdp. Councilman Beaven .tated that Cupertino 11 a mun:l.eipal a401.."nt and .tand. at the ell::o..~Z'oad. of e1thu continu:l.ng to be Itnow 6S "Gasoline AUey" or ill.L.t UpOIl balanced c01lllllunity developlllent. and th,u: thil City could either approve yet another ..rvice ItlUon OJ; den1 th41 request es another example of "spot lonina". Alao, thlt the ~v41op.r should tlke a careful look at thi. corner Ind reali.. tut thou :1.11 nQ dovelopment of a 'rOWII and Country Shopp1118 Center InyWhere to be found w:l.th:l.lI thi. City. ~QUno:l.lm1D 'itlsereld .totld that he wa. bothered by the fect thet no OM had ever Ipplied for C\on.tructioll of a Town end Country Shoppina Center add that it ...med to bl I foresolle conc1ul:l.on that a corneZ' lot lutOWllt:l.c.lly lend. it.llf to thl COII.truction of a aerviee atetion. C01IIU'I:llon nuserald I.ked HZ'. leavIII if hI would be 11101'1 neaptive to thb 'Irv:l.ce .taUon U it were a part of I Town and Co~tZ'y <:4tnter dove lop.lnt ¡ COUlIQilml1l I.avell IlIlwlred in the Iffirmat:l.ve. Minutes of the City Council August 19, 1968 Applicatiolls 16-Z~68 and 14~U=68 cont"d C-23 page 5 Councilman Beaven stated that, because of his desire to see a move for balanced community development, he would move to deny this application. denial Councilman Fitzgerald seconded. Mayor Noel stated that he agreed in part with Councilman Beaven, but stated that gas stations are constructed because citizens want them as a convenience although, at times, these stations are surrounded' ,by, 'and immediately adjacent to, single family dwellings. Also, that unfortunately no application for anything but service stations had ever been received for corner lots. Councilman Beaven reiterated that, in his opinion, service stations are a necessity but that they should be planned and not "spotted". mayor's statements Co~ilman Stokes said that he was in agreement with what Councilman Beaven said except that he did not agree with the way it was stated indicating that, in his opinion, approval of service stations would not turn this City into one thing or another. He said that he was councilman proud to have been a part of the development of Cupertino and that disagrees this City had come a long way in its bid for success, and that he would with not buy the theory that one additional service station" would destroy I viewpoint all this, Mr. Stokes stated that he agreed that planned zoning would ¡ be better than spot zoning and that the applicant had not demonstrated a need as planned fc. this corner lot, but that Councilman Beaven had 1 overemphasized the negative outlook for the City with which he, Stokes, did nat agree, Councilman Stokes moved to deny Applications 16~Z-68 and 14=U-68. Councilman Beaven seconded. A:yesg COl1'ncilmen Beaven, Fitzgerald, Stokes, Noel Noes: None Absent: Councilman Dempster C, Appeal by Louis R, Chetaud from the den~"d by the Planning Commission on July 22, 1968 of AppUcat~,on 5=V-68: variance to reduce side yard set-back from 14,86 feet to 12.0 feet on the south side of Alpine Drive. Mr. Chetaud presented the application, stating that it would not be possible to obtain the additional inches by reducing the courtyard area, as this move would render the units entirely too small to meet the desired standards, Chief Building Inspector Benevich stated that the reason for this applicatiat,being before the Council was tha~ H Control was in no position to grant Mr. Chetaud a variance but that this would have to be done at the discretion of the City Council. Mrs. Cromwell. B member of the audience, stated that she was in dis- agreement with the Pl~uning Commission's rigid conformity standards as they did not take all factors into consideration; for example, this applicant's des1.re to produce a better development which wo\>ld necessitate a slight varianceo 16=Z-68 14~U-68 denied 5~Vø68 appeal presentoo ation explanation audience comments page 6 p.h. closed opinion by councilman 5- V- 68 approved ordinances Ord. 411 second reading Ord. 411 enacted Minutes of the City Council August 19, 1968 Applic~tion 5~V-68 cont'd CC-23 Counc¡/¡lman Stokes moved, Councilman Fitzgerald seconded.,and it was passed unanimously to close the public hearing, Councilman Stokes agreed with Mrs. Cromwell, saying that this Council insists upon, and at times returns applications to the developer for, a more imaginative approach, and that this applicant was doing just that. He felt that it would certainly not lend itself to continuity of thinking if this Council would deny the application simply because this applicant had employed a better and more imag:!.native approach. Councilman Stokes moved approval of Application 5-V-68 and adoption of Resolution 1680, Councilman Beaven seconded. Ayes: Councilmen Beaven, Fitzgerald, Stokes, Noel Noe s: None Absent: Councilman Dempster Ordinances 1. Second reading of No. 411, an Ordinance of the City of Cuper- tino amending Section 1 of Ordinance No. 2 by reclassifying a certain portion of the City of Cupertino from a Residential single-family 10,000 sq,ft, minimum lot (RI-IO) zone to a Residential Duplex (R2-4,25) zone. Approximately 2.75 acres located south side of Forest Avenue, bounded by Vista Avenue and Randy Lane. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously that this Ordinance be read by title only and that the Mayor's reading of same constitutes a second reading. Councilman Stokes moved enactment, Councilman Fitzgerald seconded. Ayes: Councilmen Beaven, Fitzgerald, Stokes, Noel Noes: None Absent: Councilman Dempster 1"." ''" resolutions Resolutions matter explained by city official City Clerk - Finance Director Ryder advised the Council of the Watson amendment initiative qualifying for the November election. He expressed concern fot its voter appeal and the possibility of its passage, Should it be successful it would, in effect,prohibit the sale of any future bonds and also the levying of property taxes for education and welfare, Because the Library Bond I88ue already had been approved by the voters the City was not going to take any chances.. on not being able to issue them and be deprived of the building. Hence. the need for this early sale at this time, Minutes of the City Council August 19, 1968 Resolutions cont'd Mr. Ryder also presented ~he proposed amortization schedule which had been approved by the County Board of Supervisors earlier in the day. This approval was required by the terms of the lease agreement with the County. The official statement will be presented for Council approval at the next meeting. He stated that coøfirmation had been received from the printers that, after the award of sale on October 8th, the printed bonds would be delivered the week of October 28th. At this point, Councilman Fitzgerald introduced Resolution 1674 providing for the issuance of the library bonds and moved its adopt- ion. Councilman Stokes seconded. Ayes: Councilmen Beaven, Fitzgerald, Stokes, Noel Noe s: None Absent: Councilman Dempster 2. No. 1675: Accepting quitclaim deed from Ditz~Crane. CC- 23 page 7 amortization schedule presented Res. 1674 introduced and adopted Reso 1675 Councilman Stokes moved for adoption, Councilman Fitzgerald seconded. adopted Ayes: Councilmen Beaven, Fitzgerald, Stokes, Noel Noe s : None Absent: Councilman Dempster 3., No. 1676: accepting a grant of easement from Donald R. and Penelope W. Rush Res. 1676 Councilman Stokes moved for adoption, Cou~ilman Fitzgerald seconded. adopted Ayes: Councilmen Beaven, Fitzgerald, Stokes, Noel Noe s : None Absent: Councilman Dempster 4. No. 1677: Authorizing agreement with Whalen Aerial Surveys. Ras. 1677 Councilman Stokes moved for adoption, COUJIlcilman Fitzgerald seconded. adopted Ayes: Councilmen Beaven, Fitzgerald, Stokes, Noel Noes: None Absent: Councilman Dempster 5. No. 1678: Payroll for period ending August 15, 1968. City Treasurer Fitzgerald presented the payroll. Councilman Stokes moved for adoption, Councilman Beaven secondedo Ayes: Councilmen Beaven, Fitzgerald, Stokes, Noel Noes: None Absent: Councilman Dempster 6. No. 1679: Miscellaneous and General Expenditures. Reso 1678 adopted Res. 1679 City Treasurer Fitzgerald presented the list of expenses. Councilman adopted Stokes moved for adoption, Councilman Beaven secondedo Ayes: Councilmen Beaven, Fitzgerald, Stokes, Noel Noes: None Absent: Councilman Dempster page 8 recess unf. business candy rock development cardroom operation present~ ation by applicant motion to continue matter dies Mayor states opposition to request cardroom denied ordinance requested discussion continued Minute8 of the City Council August 19, 1968 CC- 23 Mayor Noel called a recess at 9:30 p.m. The meeting reconvened at 9:40 p.m. Unfinished Business In the absence of City Attorney Anderson, City Engineer Boyd explained what had transpired relative to the Candy Rock development. He also stated he had been advised that the developer would erect barricades on the streets this week. It was the consensus of the Countil that the question of legal action should be continued until the next meeting when the City Attorney would be able to present his report. City Manager Storm stated that he had discussed the cardroom request with the City Attorney who had been in agreement that this application should be denied and that he would introduce an Ordinance prohibiting such operations in the future without necessitating City Council action. Mr. Gilbert E. Freitas, the ',¡¡ppl1cant , stated that this cardroom would provide recreational facilities for older citizens and that no alcoholic beverages would be served on the premises located at Blaney Avenue and Stevens Creek Boulevard. Councilman Beaven m~ved to continue this matter until the City Attorney returns. Councilman Fitzgerald seconded, Ayes: Councilmen Beaven, Fitzgerald Noes: Councilmen Stokes, Noel Absent: Councilman Dempster Mayor Noel stated that just because the Council wanted the City Attorney's legal view on the matter this did not constitute his agreeing to having an operation of this type in the City of Cupertino and that, sooner or later, complaints from citizens were inevitable. Councilman Stokes agreed with Mayor Noel stattng that this cardroom was proposed at a location where students board and disembark school buses and that such operation was in no way condusive to the health, safety and welfare of Cupertino citizens. Councilman Stokes moved that this application be denied and that the City Manager be instructed to prepare an Ordinance prohibiting this type of operation in the City of Cupertino, Councilman Fitzgerald seconded and it was passed unanimously. Discussion of the Council's power to install traffic signals as a means of preserving the health, safety and welfare of the citizens as well as discussion on a proposal for regulation and abatement of nuisances and eyesores on private property was continued until the City Attorney's report could be obtained at the next meeting. Minutes of the City Council August 19, 1968 Unfinished Business cont'd On the matter of the City's liability for the uninspected install- ation of a natural gas pipeline on provate property, Mr. Storm stated that he had viewed this matter with the Chief Building Inspector and it had been determined that things were in order and the City was not liable. On the matter of the traffic signals for Foothill Boulevard and Voss Avenue, City Manager Storm asked that this matter be continued until the City Attorney's legal opinion can be obtained, The Council concurred. New Business City Treasurer Fitzgerald recommended that the suggested time deposits be made as follows: Amount Interest Rate Bank Maturity $170,000 283,000 180,000 8,000 60,000 60,000 5 7/8% 5 7/8% 5 7/8% 5 3/4% 5 1/2% 5 1/2% Crocker Citizens Wells Fargo Crocker Citizens Wells Fargo Bank of America* First Valley* 12 mos. 12 mos. 6 mos. 4 mos. 2 mos, 2 mos. Councilman Stokes moved to approve the time deposits as suggested by the City Treasurer, Councilman Beaven seconded. Ayes: Councilmen Beaven, Fitzgerald, Stokes, Noel Noes: None Absent: Councilman Dempster *City Clerk's Note: These banks could not accept the deposits at 5 1/2% but offered 5%, The City Clerk-Finance Director accepted this on his own initiative rather than leave the money on a non-interest bearing basis in the commercial account, Report of Officers A. City Treasurer There was no further report from the City Treasurer B. City Manager Mr. Storm reported that the plans and specifications for the water tank would be presented at the meeting of September 3, 1968. Also, that the conditions for going into escrow per the original agree- ment of $8,000 per acre would be presented at the same time. CC-23 page 9 determin- ation of liability matter Lontinued new bus. tìme deposits deposits authorized explanatory note ~......ficers treasurer no report manager water tank plans to be presented page 10 cost hike for audio system audio system approved objection reported developer to pay fee for trees Minutes of the City Council August 19, 1968 Cc- 23 City Manager's Report cont'd Mr. Storm reported that the request for an audio system for the City Hall had been discussed at the budget meetings and $500 had been provided in the budget. This has now been increased to $800 because of the rising costs during the two years since the original estimate had been made. Councilman Stokes moved to approve the installation of the audio system at the $800 figure, Councilman Beaven seconded and it was passed unanimously. City Manager Storm reported that some homeowners in the Oak Knoll subdivision having view lots had vehemently objected to the City's installation of street trees, reasoning that this would take away the superb view. Mr, Storm cautioned, however, that the developer should be requested to pay the $15.00 per tree as subsequent owners of the properties may wish to have a tree installed. Councilman Stokes moved that the City Council request the developer to deposit $15 per tree as required by the Ordinance and that the developer be instructed to notify all homeowners in the subdivision that the City will install a street tree at the property owner's request and that this notification to homeowners shall include the method by which application for a tree can be made. Councilman Fitzgerald seconded and it was passed unanimously. attorney C. City Attorney no report Because of Mr. Anderson's absence, there was no report. publ.work D. Public Works report station approved engineer mapping improve- ments accepted Director of Public Works Finney reported on the Homestead Road completion and the status of the Wilson Park project as well as on a proposed water regulator station on Stevens Creek Boulevard with an estimated cost of $3,000. This cost to be recovered from the developers of subdivisions in the area. Councilman Fitzgerald moved, Councilman Stokes seconded and it was passed unanimously to approve construction of this station. E. City Engineer Mr. Boyd reported on the mapping program,. the resolution for approval of which had been adopted previously. Councilman Fitzgerald moved, Councilman Beaven seconded and it was passed unanimously to accept the improvements constructed on the Eugene A. Ravizza Commercial Center Frontage as recommended by the City Engineer. ~ Minutes of the City Council August 19, 1968 City Engineer's Report cont'd Councilman Fitzgerald moved, Councilman Stokes seconded and it was passed unanimously to accept the Wintergreen Drive project at Wilson Park. F. Director of Planning There was no report from that department. C. Chief Building Inspector There was no report from that department, H. Director of Parks and Recreation There was no report from that department I. City Clerk-Finance Director Finance Director Ryder reported that $119,030,19 in gas tax funds had been received by the City which amount had been on deposit with the State of California but which had been barred from being paid by the 1967 legislature, Finance Director Ryder asked for approval of nine warrants requests for which had been received too late for inclusion in the Resolution, including warrant #3154 to Architect Hedley for $763 and warrant #3162 to Parks and Recreation Director Parham for reimbursement of funds expended for the recreation program of the City. The other seven warrants were for individual deputy sheriffs in payment of special pa- trol duties in the recent outbreak of vandalism in the Wilson Park area. Councilman Beaven moved, Councilman Stokes seconded and it was passed unanimously to approve the warrants as presented by the Finance Director, Councilman Beaven moved, Councilman Stokes seconded and it was passed unanimously to adjourn the meeting to September 3, 1968 as the regular meeting night falls on a holiday, The meeting adjourned at 10:20 p.m. APPROVED: ATTEST: MaY~~ o~up~r¿ h~. City Clerk CC-23 page 11 project accepted planning no report building no report parks no report clerk gas tax funds approval of additional warrants requested warrants approved motion to adjourn meeting adj ournment